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HomeMy WebLinkAboutCity Council-Minutes-3/7/2023 City of Colleyville Page 1 City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Tuesday, March 7, 2023 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Fire Department technology overview WS-2 Discussion of Fire Department ladder truck purchase WS-3 Recreation Center update WS-4 Discussion of the March 7, 2023, City Council regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with the City Attorney regarding items on the agenda or for matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Code: • Local regulation of short-term rental properties Section 551.071 - Legal - Pending Litigation - Discuss Settlement Agreement and Mutual Release with Spectrum Gulf Coast, LLC settling a dispute over franchise fees and PEG fees in the case styled City of Allen, Texas et al., v. Time Warner Cable Texas, LLC d/b/a Spectrum and Charter Communications, Case No. 6:10-cv-345-ADA-DTG Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information the City has received from business prospects the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect City Council Agenda March 7, 2023 City of Colleyville Page 2 REGULAR MEETING 7:00 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Nathan Aviles, Bethel Methodist PLEDGE OF ALLEGIANCE: Councilmember George Dodson 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-23-4821 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-23-4822 4a Approval of the minutes of the regular City Council meeting of February 21, 2023 4b Approval of a Professional Services Agreement with Brinkley Sargent Wiginton Architects, Inc., for Design and Construction Administration Services for the Colleyville Recreation Center renovation project, in an amount not to exceed $217,820, and authorizing the City Manager to execute the agreement 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-23-2234 Consideration of a Special Use Permit for alcoholic beverage sales for on-premise consumption on Lot 2, Block A, 170 Players Addition, located at 3855 Glade Road, Suite 170, Case ZC23-001 5b Ordinance O-23-2235 Consideration of a Special Use Permit for a commercial accessory building on Lot 16R2, Block 1, Colleyville Industrial Park, located at 6407 Colleyville Boulevard, Case ZC23-002 5c Ordinance O-23-2236 Consideration of amendments to Chapter 7 of the Land Development Code clarifying the size and duration of political signs as well as the use of canopies, tents, or flags, specifically amending Section 7-190.H Temporary Business Signs - Political Signs, Case GC23-001 City Council Agenda March 7, 2023 City of Colleyville Page 3 5d Ordinance O-23-2237 Consideration of amendments to Chapter 9 and Chapter 14 of the Land Development Code clarifying that driveway access to adjacent street right-of-way and street stub-outs is not allowed from lots in an adjacent subdivision, specifically amending Section 9.17 Street Design Criteria and Section 14-135 Driveway Spacing and Design Standards, Case GC23-002 5e Ordinance O-23-2238 Consideration of amendments to Chapter 9 of the Land Development Code removing the requirement for automatic fire-sprinkler systems in certain circumstances, specifically amending Section 9.17 Street Design Criteria, Case GC23-003 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-23-4823 A resolution cancelling the May 6, 2023 General Election for City Officers and declaring each unopposed candidate elected to office and restating a Special Election to be conducted 7. CITIZEN COMMENTS 8. REPORTS Sign Board of Appeals Minutes - December 13, 2022 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, MARCH 7, 2023 - READING AND PUBLIC HEARING - RESOLUTION R- 23-4824 10. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, March 3, 2023 by 5:00 p.m. Christine Loven, TRMC City Secretary City Council Agenda March 7, 2023 City of Colleyville Page 4 A quorum of any Colleyville board, commission, or committee may be present at this meeting. Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 City of Colleyville City Council Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, March 7, 2023 Mayor Bobby Lindamood called the Colleyville City Council Worksession to order on Tuesday, March 7, 2023, at 5:30 p.m. ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Kathy Wheat, and Councilmembers Brandi Elder, George Bond, George Dodson, Chuck Kelley, and Callie Rigney. ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Fire Chief Mark Cantrell, Assistant Fire Chief Tim Folden, Community Development Director Ben Bryner, Parks and Recreation Director Lisa Escobedo, City Attorney Whitt Wyatt, and City Secretary Christine Loven. CALL TO ORDER WS-1 Fire Department technology overview Assistant Fire Chief Tim Folden gave an overview of the technology utilized daily by the Fire Department. The presentation explained both hardware and software, and gave a thorough overview of how the technology is used. WS-2 Discussion of Fire Department ladder truck purchase Fire Chief Mark Cantrell provided a presentation on the Fire Department's apparatus replacement program. Chief Cantrell explained the City's 2010 aerial truck is scheduled to be replaced in 2025. He noted staff has seen a large gap in production of fire apparatus and a significant price increase. Chief Cantrell stated staff has proactively researched options to meet the replacement schedules at best pricing. The City could enter into a lease purchase agreement with First Security Finance, Inc. with a locked in interest rate of 4.9%, for a Spartan ladder truck, which could be ordered in March 2023, but would be built and delivered by April 2025. City Council directed Chief Cantrell to place the lease purchase agreement on the next City Council agenda for consideration. WS-3 Recreation Center update Parks and Recreation Director Lisa Escobedo presented this item, which was a review of the activity since the property was purchased and explained Phase I of City Council Minutes March 7, 2023 City of Colleyville Page 2 the renovation includes construction and operational elements. With City Council approval, Director Escobedo stated she would like Phase II to involve the Parks and Recreation Advisory Board to assist in planning other amenities to be found in the Recreation Center and utilize the Parks and Recreation Master Plan to develop a five-year plan for the Recreation Center. Director Escobedo stated the Board would then make recommendations to the City Council regarding prioritized amenities and funding estimates. There was discussion regarding the Professional Services Agreement for the design and construction of the Recreation Center in Phase I. Director Escobedo gave a high-level review of how the space would be utilized. All agreed to engage the architect and noted the City Council will want to receive periodic updates. WS-4 Discussion of the March 7, 2023, City Council regular agenda items Mayor Lindamood noted there is an item on this agenda for an SUP for an accessory building for the business known as Yard Art. He stated Yard Art representatives have met with the City Manager to discuss landscaping the City is requesting along the front of the property. Mayor Lindamood closed the worksession at 6:32 p.m. and called the Executive Session to order. 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with the City Attorney regarding items on the agenda or for matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Code: • Local regulation of short-term rental properties Section 551.071 - Legal - Pending Litigation - Discuss Settlement Agreement and Mutual Release with Spectrum Gulf Coast, LLC settling a dispute over franchise fees and PEG fees in the case styled City of Allen, Texas et al., v. Time Warner Cable Texas, LLC d/b/a Spectrum and Charter Communications, Case No. 6:10-cv-345-ADA-DTG Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information the City has received from business prospects the City seeks to have locate, stay, or expand in the City and with City Council Minutes March 7, 2023 City of Colleyville Page 3 which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect There was no action taken and Mayor Lindamood adjourned the Executive Session at 7:03 p.m. Mayor Lindamood called the regular meeting of the City Council to order at 7:11 p.m. and called the roll. ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Kathy Wheat, and Councilmembers Brandi Elder, George Bond, George Dodson, Chuck Kelley, and Callie Rigney. INVOCATION: Pastor Nathan Aviles, Bethel Methodist PLEDGE OF ALLEGIANCE: Councilmember George Dodson 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-23-4821 Mayor Lindamood read Resolution R-23-4821 in its entirety. Assistant City Manager Adrienne Lothery read a formal statement regarding the settlement. Mayor Lindamood opened and closed the public hearing, as there were no speakers. Mayor Pro Tem Wheat made a motion to approve Resolution R-23-4821, seconded by Councilmember Elder. The motion to approve passed by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, Kelley, and Rigney. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Lindamood and the City Council made announcements regarding City and community events. City Council Minutes March 7, 2023 City of Colleyville Page 4 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-23- 4822 4a Approval of the minutes of the regular City Council meeting of February 21, 2023 4b Approval of a Professional Services Agreement with Brinkley Sargent Wiginton Architects, Inc., for Design and Construction Administration Services for the Colleyville Recreation Center renovation project, in an amount not to exceed $217,820, and authorizing the City Manager to execute the agreement Mayor Lindamood read Resolution R-23-4822 in its entirety. Parks and Recreation Director Lisa Escobedo presented item 4b, a Professional Services Agreement with Brinkley Sargent Wiginton Architect (BSW) to provide an assessment of the Colleyville Recreation Center. Director Escobedo stated it is anticipated the project will go out for bid in April 2023. Mayor Lindamood opened and closed the public hearing, as there were no speakers. Councilmember Dodson made a motion to approve Resolution R-23-4822, seconded by Mayor Lindamood. The motion to approve passed by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, Kelley, and Rigney. 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-23-2234 Consideration of a Special Use Permit for alcoholic beverage sales for on-premise consumption on Lot 2, Block A, 170 Players Addition, located at 3855 Glade Road, Suite 170, Case ZC23-001 Mayor Lindamood read the caption of Ordinance O-23-2234. Community Development Director Ben Bryner presented this item, a request for an SUP to allow on-premise consumption of alcohol at The Brunch District restaurant. Mr. Kevin Kim and Ms. Andrea Boujour, Lewisville, representing The Brunch District, stated they anticipate having a full bar and serving mimosas and martinis City Council Minutes March 7, 2023 City of Colleyville Page 5 during brunch. Mr. Kim stated they have three other restaurants, and this is a successful business plan for them. Mayor Lindamood opened the public hearing. Harold Ledbetter, 6700 Pleasant Run Road, questioned the permit being for on-site only. It was explained this is the request of the applicant and the permit type allowed by the Texas Alcohol and Beverage Commission. There were no others wishing to speak and Mayor Lindamood closed the public hearing. This was a first reading and no action was taken. 5b Ordinance O-23-2235 Consideration of a Special Use Permit for a commercial accessory building on Lot 16R2, Block 1, Colleyville Industrial Park, located at 6407 Colleyville Boulevard, Case ZC23-002 Mayor Lindamood read the caption of Ordinance O-23-2235. Community Development Director Ben Bryner presented the SUP request for a new detached cabana and fireplace at Yard Art, a business located on SH26. Mayor Lindamood stated the applicant has meet with the City Manager to discuss removing a small structure and adding landscaping along SH26. Garret Wallace, representing Yard Art, stated it was time to update the back cabana to reflect current residential preferences. Mr. Wallace stated TxDOT removed the well-established landscaping, and while he wants to work with the City, he feels it is counterproductive to tie the SUP to the landscaping. Mayor Lindamood and City Manager Ducay explained the City’s beautification efforts. Mayor Lindamood opened and closed the public hearing, as there were no speakers. This was a first reading and no action was taken. 5c Ordinance O-23-2236 Consideration of amendments to Chapter 7 of the Land Development Code clarifying the size and duration of political signs as well as the use of canopies, tents, or flags, specifically amending Section 7-190.H Temporary Business Signs - Political Signs, Case GC23-001 City Council Minutes March 7, 2023 City of Colleyville Page 6 Mayor Lindamood read the caption of Ordinance O-23-2236. Community Development Director Ben Bryner presented the amendments to the Land Development Code for political signs. There was discussion regarding the distance required between signs, tents, canopies, and flags, and the location of a polling location. City Attorney Whitt Wyatt stated he would work on clarifications to the language for the next public hearing. Mayor Lindamood opened the public hearing. Kathy Hadley, 204 Timberline Drive N, expressed her concern for the need for regulations. There were no others wishing to speak and Mayor Lindamood closed the public hearing. This was a first reading and no action was taken. 5d Ordinance O-23-2237 Consideration of amendments to Chapter 9 and Chapter 14 of the Land Development Code clarifying that driveway access to adjacent street right-of-way and street stub-outs is not allowed from lots in an adjacent subdivision, specifically amending Section 9.17 Street Design Criteria and Section 14-135 Driveway Spacing and Design Standards, Case GC23-002 Mayor Lindamood read the caption of Ordinance O-23-2237. Community Development Director Ben Bryner presented this item. Councilmember Dodson asked if the amendment provides an opportunity to seek a variance to the standards. Director Bryner stated yes. Mayor Lindamood opened the public hearing. Lynn Bural, 5104 Chelsea, explained his current building configuration, gate, and desire to have access to Cherry Lane. Council advised he would be required to file for a variance. There were no others wishing to speak and Mayor Lindamood closed the public hearing. This was a first reading and no action was taken. City Council Minutes March 7, 2023 City of Colleyville Page 7 5e Ordinance O-23-2238 Consideration of amendments to Chapter 9 of the Land Development Code removing the requirement for automatic fire-sprinkler systems in certain circumstances, specifically amending Section 9.17 Street Design Criteria, Case GC23-003 Mayor Lindamood read the caption of Ordinance O-23-2238. Community Development Director Ben Bryner presented this item, noting the Council directed staff to amend the appropriate City codes removing the requirement for automatic fire sprinkler/suppression systems. In the Land Development Code, there is a specific street design situation, which requires all residences to contain automatic fire-sprinkler systems and the proposed amendment will remove the requirement, making it optional for the property owner. There was discussion regarding street access and width requirements. It was also noted, this is a Land Development Code amendment and not an ordinance repealing the ordinance requirement for automatic fire-sprinkler systems. Mayor Lindamood opened and closed the public hearing, as there were no speakers. This was a first reading and no action was taken. 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-23-4823 A resolution cancelling the May 6, 2023 General Election for City Officers and declaring each unopposed candidate elected to office and restating a Special Election to be conducted Mayor Lindamood read Resolution R-23-4823 in its entirety. City Secretary Christine Loven stated the item is self-explanatory, and stated only the General Election will be cancelled. There will be a Special Election to determine whether the voters desire to continue the Colleyville Crime Control and Prevention District and the one-half of one percent (0.5%) sales and use tax for an additional period of 20 years. Mayor Lindamood opened the public hearing. Kathy Hadley, 204 Timberline N., spoke in favor and thanked the City Council. City Council Minutes March 7, 2023 City of Colleyville Page 8 Scotty Richardson, 2005 Reynolds Drive, thanked everyone for the support and stated he takes this responsibility seriously and is looking forward to serving the City. Ben Graves, 3304 St. Albans Circle, thanked everyone for their support, noted he is a hometown resident and is looking forward to being in service to the City. There were no others wishing to speak and Mayor Lindamood closed the public hearing. Councilmember Rigney made a motion to approve Resolution R-23-4823, seconded by Councilmember Dodson. The motion to approve passed by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, Kelley, and Rigney. 7. CITIZEN COMMENTS Sayeda Syed, 6705 Sapphire Circle North, spoke regarding the hazardous drive and turn lanes at the intersection of Cheek-Sparger Road and Brown Trail and asked the City to provide a solution. Kathy Hadley 204 Timberline Drive N., spoke regarding Glade Road and the lane striping at Glade Road and SH26. 8. REPORTS Sign Board of Appeals Minutes - December 13, 2022 There was no discussion of this item. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, MARCH 7, 2023 - READING AND PUBLIC HEARING - RESOLUTION R- 23-4824 This resolution was not needed. 10. ADJOURNMENT There being no further business before the City Council, Mayor Lindamood adjourned the meeting without objection by the City Council at 8:57 p.m. APPROVED BY A VOTE OF 6 AYES, 0 NAYS, ON THIS THE 21ST DAY OF MARCH 2023. City Council Minutes March 7, 2023 City of Colleyville Page 9 Minutes taken and prepared by: Christine Loven, TRMC City Secretary